Responding to the Challenge of the New Federal Welfare Law
Strengthening Accountability in the Child Protective Services System
Enhancing Juvenile Sentencing and Rehabilitation
Preventing Children's Access to Firearms
Protecting Domestic Violence Victims and Their Children
Maintaining the Office of Marine Safety
Funding Watershed Plan Implementation
Reauthorizing the Employment and Training Trust Fund
Reauthorizing the Governor's Rural Community Assistance Team
Instituting a Prepaid College Tuition Program
Providing Property Tax Deferrals for Homeowners
Strengthening Restrictions on Tobacco Sales To Children
Increasing Protection Against Environmental Tobacco Smoke
Reauthorizing the Indeterminate Sentence Review Board
Improving the Use of Sentencing Options for Nonviolent, Drug Offenders
Simple Majority School Levy Constitutional Amendment
Regulating the Commercial Use of Electronic Government Records
Eliminating and Consolidating Boards and Commissions
G OVERNOR MIKE LOWRY'S 1997 executive request legislation, as summarized in this document, continues his long-standing commitment to protecting the health, safety, and welfare of the state's citizens, particularly its children and others who are least able to protect themselves.
The executive request package is also aimed at enhancing environmental
protection by continuing oil spill prevention programs and funding
watershed plan implementation; continuing support for worker training
and education and assistance to economically-distressed communities;
and addressing other critical statewide issues, such as inappropriate
commercial use of government electronic records, the rapidly expanding
inmate population, the growing property-tax burden, and the difficulties
facing many families in meeting college financial needs.
In response to dramatic reductions in federal assistance under the new federal welfare law, budget and legislative proposals would provide state assistance to address some of the shortfalls, especially for legal immigrants and those dependent on sharply reduced food programs. Other proposals provide greater protection for children through a comprehensive child fatality review process, create penalties for leaving a firearm within easy access of children, promote victim safety and greater offender accountability in domestic violence crimes, and improve the state's juvenile justice system.
The independence and efficacy of the Office of Marine Safety (OMS),
the state's oil spill prevention agency, could be jeopardized
if current law is not modified to continue the office as a separate
entity. The Governor proposes that OMS remain a separate agency,
focused on prevention of oil spills. Other legislation establishes
a long-term, comprehensive approach to fund "on-the-ground"
projects in local watershed plans.
To allow homeowners of modest means to remain in their homes yet
still meet their tax obligations, the Governor is again proposing
a property tax deferral program. Another executive request bill
is designed to address rising tuition costs by establishing a
prepaid tuition program to help families meet future higher education
financial needs. Dislocated and unemployed workers would be assisted
by the Governor's proposal to reauthorize the Employment and Training
Trust Fund, using its current funding source. Rural communities
hit hard by economic downturns in the timber and fishing industries
will benefit from proposed legislation to renew the Governor's
Rural Community Assistance Team and the programs it administers
to help these distressed communities and workers.
In response to growing evidence of the deadly effects of environmental
tobacco smoke and the increasing experimentation by children with
tobacco, the Governor is proposing two bills. Washington's Clean
Indoor Air Act would be modified by proposing a referendum to
the people that prohibits, with only limited exceptions, smoking
in nearly all indoor worksites and public places, including restaurants,
bars, and taverns. In addition, problems in the current law governing
youth access to tobacco would be addressed by prohibiting mail-order
sales and distribution of free samples, strengthening enforcement
requirements, and limiting tobacco advertising and promotional
activities near schools and playgrounds.
To address growing privacy concerns about commercial access to government electronic records, the Governor is proposing legislation that would impose penalties for unauthorized use and resale of these records and place restrictions on their release and commercial use when they contain personally identifiable information. Other legislation would propose a constitutional amendment to allow a simple majority voter approval for school levies, reauthorize the Indeterminate Sentence Review Board, address rapidly rising corrections costs by providing sentencing options for nonviolent offenders, and eliminate and consolidate a number of obsolete and overlapping boards and commissions.
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O N AUGUST 22, 1996, PRESIDENT CLINTON signed into law a sweeping bill designed to, in his words, "end welfare as we know it." The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) represents the most significant change in federal public assistance policy in more than 60 years.
The new federal welfare law is expected to save $54.5 billion in federal expenditures through the year 2002. According to a recent report by the Urban Institute, it will also increase the number of Americans living in poverty by 2.6 million, including 1.1 million children. How low-income families living in Washington State will be affected depends largely on how state lawmakers respond to the challenges and choices presented by the new federal law.
Background
The federal welfare reform law also makes sharp cutbacks in the federal Food Stamp Program and denies aid to millions of legal immigrants in the United States simply because they are not U.S. citizens. According to preliminary estimates by the state Office of Financial Management (OFM), the new law will reduce federal support for public assistance programs in Washington by approximately $1 billion through 2002, while imposing additional costs necessary to qualify for federal funds.
The impact of these federal law changes on Washington's families and communities is significant:
In addition to the legislative proposals listed below, the Governor has responded to the new federal law by proposing a TANF state plan that would allow Washington to continue its current welfare-to-work program rather than drop families from assistance without the education and training necessary to earn a sustainable income. The Governor's budget proposal also helps mitigate the impact on families and children cut off from federal assistance.
Proposed Legislation
The 38,000 legal immigrants now receiving food stamps - including children with working parents - will lose them as soon as their cases are reviewed, beginning in April 1997. In addition, about 11,000 legal immigrants currently receiving SSI will lose their benefits as of August 1997. Approximately 60 percent of those people are age 65 or older; more than half have physical or mental disabilities; one percent are blind.
The Governor's legislation would establish a state-funded food assistance program for legal immigrants who have been cut off from food stamp benefits due to their status as legal immigrants. This proposed state program is funded in the Governor's budget at a level that would restore the immigrants' food benefits to two-thirds of their lost federal food stamp benefits. Cost: $47.8 million General Fund-State
Staff Contact
Peggy Brown, Office of the Governor, (360) 586-0907.
Jean Soliz, Office of the Governor, (360) 753-5463.
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A CCORDING TO THE WASHINGTON STATE DEPARTMENT OF HEALTH (DOH), approximately 900 children under the age of 18 die in Washington each year. These deaths result from a variety of causes, including congenital abnormalities, problems during pregnancy or delivery, Sudden Infant Death Syndrome (SIDS), intentional and unintentional injuries, and infectious and noninfectious diseases. Many of these deaths are preventable; some result from lack of access to care, child abuse and neglect, and risk-taking behaviors. To gain a better understanding of why children die and to reduce the incidence of preventable deaths of Washington's children, Governor Lowry proposes to establish a statewide process for the systematic and comprehensive review of all sudden and unexpected child deaths in Washington state.
Background
Currently there is no systematic review of sudden and unexpected child deaths in Washington State, nor any standard statewide data relating to child fatalities. In 1992, the DOH and the Department of Social and Health Services (DSHS) created the State Child Death Prevention and Review Team to provide technical assistance to local teams across the state and to encourage standard data collection. In November 1995, DOH published a report entitled, Washington Child Death Review and Prevention, A Strategy to Answer, 'Why Do Children Die?' Governor Lowry's proposal is based in part on the community-based child fatality review model set forth in the 1995 report. It also reflects aspects of models that have been successfully implemented in other states.
The development and implementation of child fatality review teams has been recommended by a number of organizations, including the U.S. Department of Health and Human Services, the Child Welfare League of America, the American Bar Association and the American Academy of Pediatrics.
This new process is separate and independent from the standard fatality review process that the DSHS Children's Administration will continue to undertake for all unexpected deaths of children receiving child welfare services. The DSHS fatality review process will continue to focus on identifying and analyzing any agency practice issues that may have contributed to a child fatality, while the proposed fatality review process would consider all of the possible contributing circumstances.
Proposed Legislation
Fiscal Impact
The Governor's budget recommendation for this proposal totals $1,650,000 General Fund-State and $56,000 other funds.
Staff Contact
Rita Schmidt, Department of Health, (360) 753-2481.
Jennifer Strus, Department of Social and Health Services, (360)
902-7911.
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I NFORMATION MAINTAINED by the Department of Social and Health Services (DSHS) relating to specific Child Protective Services (CPS) cases is subject to strict state and federal confidentiality laws that prohibit public disclosure. The department's inability to respond to public inquiries about its actions in these cases undermines its accountability to the public and diminishes public confidence in CPS. In an effort to improve openness and accountability within the CPS system, while also protecting the legitimate privacy interests of children and families involved with CPS, Governor Lowry proposes to allow DSHS, under specified conditions, to disclose confidential CPS information.
Background
In February 1996, following the tragic death of six-year old Elisa Izquierdo, who died after years of abuse, allegedly at the hands of her mother and stepfather, the state of New York enacted legislation which, consistent with federal law, modifies standards for disclosing confidential CPS information. Governor Lowry's proposal is based on New York's statute. The Governor's proposal seeks to improve the quality of CPS investigations and to encourage greater accountability in the CPS system.
The Governor's 1995 Child Protection Roundtable and the CPS Symposium Work Group, which was established after the statewide CPS Symposium held in June 1996, each have recommended modifying confidentiality restrictions to permit DSHS to disclose CPS information.
Proposed Legislation
Staff Contact
Jennifer Strus, Department of Social and Health Services, (360) 902-7911.
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W ASHINGTON RESIDENTS CONTINUE to be concerned about youth crime and how the juvenile justice system responds to juvenile offenders. Governor Lowry's proposal adopts the recommendations of two groups that have conducted an extensive, comprehensive review of juvenile sentencing laws and practices. The proposed legislation would make improvements to the juvenile sentencing scheme, but would leave intact the basic principle of the 1977 Juvenile Justice Act that punishment and rehabilitation are both important goals in dealing with juvenile offenders.
Background
The Governor's proposal also includes recommendations from the 1994 Council on Families, Youth and Justice established by Governor Lowry and Attorney General Gregoire. The Council's recommendations emphasized proportionate and flexible sentencing, meaningful early intervention and rehabilitation, and parental involvement.
Proposed Legislation
Juvenile Sentencing
Early Intervention and Rehabilitation
Parental Involvement
Fiscal Impact
The Governor's budget recommendation for this legislative proposal totals $7,513,000 General Fund-State. The Governor's budget also includes a request for $8,734,000 General Fund-State and $330,000 in General Fund-Federal to enhance early intervention, mental health and rehabilitation services, and job training programs for youthful offenders.
Staff Contact
Lorraine Lee, Office of the Governor, (360) 753-1022.
Sid Sidorowicz, Juvenile Rehabilitation Administration, (360)
902-7804.
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I N RECENT MONTHS TWO CHILDREN DIED when accidentally shot by other children playing with firearms. One victim was eight years old and the other was fourteen. Earlier this month a 14-year-old boy killed himself after shooting his mother and sister to death. In this latest incident multiple firearms were found in the home. The proposed legislation would hold adults criminally responsible for leaving firearms within easy access of children.
Background
When children shoot themselves or their playmates, oftentimes the firearm belonged to a parent or relative. Injury prevention experts believe that many of these tragedies could have been prevented if the firearms were properly stored and inaccessible to children.
Approximately 641,237 children under 18 years of age live in Washington homes with guns. Fifteen states have enacted laws holding gun owners criminally liable for the improper storage of firearms. Florida and California have reported decreases in the number of accidental gun deaths after passing laws that punish gun owners for leaving firearms in children's reach.
Proposed Legislation
The legislation would make it a gross misdemeanor offense to leave a firearm in a place that an adult knows to be accessible to children and the negligent storage results in a child's possession of the firearm. Liability is exempted when the firearm has a trigger lock or a similar device that prevents it from discharging.
A gross misdemeanor offense is punishable by up to one year of imprisonment and a fine.
Fiscal Impact
Indeterminate.
Staff Contact
Lorraine Lee, Office of the Governor, (360) 753-1022.
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D OMESTIC VIOLENCE CONTINUES to be a troubling issue for Washington State. Between July and December 1995, 20,238 domestic violence crimes were reported to law enforcement agencies throughout the state, according to data collected by the Washington Association of Sheriffs and Police Chiefs. More than 19,000 simple assaults were committed against a family or household member during that period. Twenty-eight percent of homicides resulted from domestic violence. Governor Lowry proposes legislation that will strengthen laws that protect victims and their children from their batterers, and hold repeat perpetrators more accountable.
Background
Family violence can become a vicious cycle when children are involved. Studies show that three million children a year who witness violence in their homes are more likely to drop out of school, abuse alcohol and drugs, attempt suicide, and grow up to become victims or abusers themselves. Early intervention can break this cycle of violence and prevent a new generation of batterers and victims.
Domestic violence is not a private family matter; it seriously affects the workplace. Indeed, murder by a current or former partner is the leading cause of death for women in the workplace. In recognition of this impact, Governor Lowry earlier this year signed Executive Order 96-05 which directs all executive agencies to adopt personnel policies that respond to domestic violence, making Washington State a national leader in this effort to deal with the impact of domestic violence in the workplace.
Executive Order 96-05 was part of Governor Lowry's Domestic Violence Initiative. The initiative also included an assessment of the state's service delivery and responsiveness to domestic violence. Additionally, Governor Lowry visited various organizations and programs throughout the state that have made a difference in the education and prevention of domestic violence. These visits reaffirmed Governor Lowry's belief that Washington's efforts to eradicate domestic violence must emphasize recognition of the serious impact of domestic violence, safety and compassion for the victims, accountability for perpetrators, and collaboration on prevention and response systems at the state and local levels.
Proposed Legislation
Fiscal Impact
The proposed legislation has no determinate fiscal impact. Governor Lowry's budget request includes $3.9 million in General Fund-Federal and $1.3 million in General Fund-State to strengthen state and local services for domestic violence victims and their children.
Staff Contact
Lorraine Lee, Office of the Governor, (360) 753-1022.
Judith Brighton, Office of the Governor, (360) 586-3028.
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W ASHINGTON' S 1991 LANDMARK OIL SPILL PREVENTION law established the Office of Marine Safety (OMS) to protect against major oil spills in Puget Sound and Washington's marine waters. Under that legislation, OMS was scheduled to merge into the Department of Ecology in 1997. The Governor believes OMS should be maintained as a separate agency so that Washington will continue to have a focused program to prevent oil spills. A single major spill in Washington's marine waters could undo years of efforts to protect these waters and could have extensive economic impacts on Washington citizens. In view of this concern, the Governor is proposing legislation to keep OMS as a separate state agency.
Background
Since on average, only 10 to 20 percent of oil can be cleaned up after a spill, the emphasis of the state law is on establishing new practices to prevent oil spills from occurring in the first place. OMS was set up as a separate state agency, and was charged to develop spill prevention measures for tankers, barges, and cargo vessels carrying large volumes of bunker fuel. Under the 1991 Act, OMS was scheduled for review by the Legislative Budget Committee, now Joint Legislative Audit and Review Committee (JLARC). Absent reauthorization by the Legislature, OMS will be abolished and its programs merged into the Department of Ecology.
In its short five-year history, OMS has gained national and international attention for its leadership in developing innovative programs aimed at reducing human error, which accounts for 85 percent of all marine accidents. Recently, the state won a major federal court case upholding its right to regulate and protect its marine waters from the risk of an accident by oil tankers. The U.S. District Court decision against Intertanko (International Association of Oil Tanker Owners) ruled that the state's rules are constitutionally valid, and do not violate the commerce clause or foreign affairs clause of the U.S. Constitution.
Given the serious impacts of spills in recent years and the enormous potential for disaster from a major oil spill, Governor Lowry believes the state should maintain the strongest possible vigilance to minimize the risk of a major spill from happening here. Experience suggests that this can best be accomplished by a state agency whose sole focus is to develop policies designed to prevent maritime accidents and to oversee implementation of those policies.
A 1996 JLARC staff report concluded that there is no compelling need to merge OMS with the Department of Ecology, since there is little evidence that the current organizational structure is a problem. Problems could develop, however, if OMS is merged with a much larger agency that has many other issues competing for attention. In addition, the JLARC staff report concluded that there would be an increased cost associated with a merger because of Ecology's higher overhead. For these reasons, the Governor supports keeping OMS as a separate agency.
Proposed Legislation
Staff Contact
Bob Nichols, Office of the Governor, (360) 586-0826.
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M ANY CONCERNED CITIZENS and organizations throughout the state are interested in developing watershed protection plans, but a major obstacle is the lack of funding for implementation. Recognizing the need to move ahead with real on-the-ground actions, Governor Lowry proposes legislation that would establish a long-term program to fund implementation of local watershed plans that meet certain criteria. The legislation also promotes a comprehensive and integrated approach to watershed management that benefits the economic and environmental health of watersheds.
Background
The most effective way to resolve watershed problems is at the local level. Citizens, businesses, agriculture, environmentalists, fishers, recreationists, and private landowners all have an intimate relationship with the watershed and care about how the watershed is to be used. A locally-driven process is best suited to bring competing interests together to resolve the needs of all of the interests in a watershed. Many local watershed plans have been developed or are currently underway. Many at the local level would like to initiate a watershed planning effort. But a significant obstacle to moving ahead is the lack of funding for implementation.
Another major obstacle to watershed planning and implementation is the lack of coordination among the federal, state, tribal, local government, and citizens group programs and activities. Instead of looking at problems from an integrated and comprehensive point of view, many of these programs approach the watershed in a segmented manner, without any particular coordination with other activities, including other planning efforts. Incompatible objectives, overlapping responsibilities, and inefficiency is often the result.
Proposed Legislation
Fiscal Impact
Grants to local government for implementation of local watershed plans would be funded through a $258 million bond authorization that would go to a vote of the people in November 1997. Subject to voter approval the Governor's proposed 1997-99 biennial budget contains $15 million to implement local watershed plans. In addition to this legislation the Governor's proposal budget also includes funding to assist local communities in watershed planning efforts, strengthen the data and information base necessary for local decision making on water-related activities, and increase support for statewide responsibilities dealing with water and salmon recovery.
Staff Contact
Lloyd Moody, Office of the Governor, (360) 753-4704.
Kay Baxstrom, Office of Financial Management, (360) 753-1754.
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T HE LEGISLATURE ESTABLISHED the Employment and Training Trust Fund in 1993 to finance education programs for dislocated and unemployed workers at community and technical colleges, and to increase the capacity of the Employment Security Department to help the unemployed find jobs. Since then, the trust fund has provided training to 20,000 dislocated and unemployed workers. The fund is scheduled to sunset in January 1998, unless the Legislature takes action to continue it. Despite improvements in the state's economy since 1993, many workers, especially those affected by industrial downsizing, still need additional education and training to adapt to a changing economy. For this reason, the Governor is proposing to continue the Employment and Training Trust Fund under its current funding source.
Background
The need for this type of support became apparent in the early 1990s, when disruptions in the aerospace and natural resource industries left many workers in need of training to qualify for jobs in other fields. Community and technical colleges did not have the enrollment capacity to meet these additional demands for education and training services. In 1993, the Legislature responded by creating a dedicated Employment and Training Trust Fund. The Legislature funded the trust fund by a 12/100 of 1 percent of taxable payroll, reducing unemployment taxes by a small amount, and establishing a dedicated tax of the same amount to fund workforce training. Net costs to employers have not changed as a result of the Employment and Training Trust Fund.
The new trust fund supports community and technical college classes for dislocated and unemployed workers, as well as support services and financial aid to allow them to complete their job training courses. Workers who participate in the program have been finding jobs at salary levels averaging 93 percent of their earnings prior to being laid off, while fully 80 percent of the graduates from the program in 1994-95 were employed seven to nine months after graduation. The Legislature also authorized funds from this program to increase the efficiency of the Employment Security Department, so that its services to assist unemployed workers could be more effective. Without legislative action, the funding for the program will end in January 1998, and program authority will end June 30, 1998.
Proposed Legislation
The Governor's proposal would continue the current mix of programs financed by the trust fund, with approximately 86 percent of the funding providing placement to 7,200 unemployed and dislocated workers per year at community and technical colleges, and financial assistance for those students. The remaining funds would be used to improve job placement services, labor market information, and automation at the Employment Security Department. Existing efforts to co-locate Employment Security employees at community and technical colleges would be expanded from the current 24 sites to all community and technical colleges in the state, with additional services targeted to those colleges serving areas with the greatest economic dislocation and the greatest need for job placement assistance.
Fiscal Impact
If the program is renewed, an estimated $76,920,000 in revenue would be deposited in the Employment and Training Trust Fund in the 1997-99 Biennium. If the program is not renewed, the program is projected to generate $23,460,000 in revenue between the beginning of the biennium and January 1998, when the fund source would be discontinued. If the program is not renewed, $53,460,000 would be deposited to the Unemployment Insurance Trust Fund rather than to the Employment and Training Trust Fund.
Staff Contact
Steve Hodes, Office of the Governor, (360) 586-6771.
Dan McConnon, State Board for Community and Technical Colleges,
(360) 753-0878.
Stan Marshburn, Employment Security Department, (360) 902-9311.
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H ELPING FAMILIES AND COMMUNITIES in rural Washington hurt by cutbacks in timber and salmon harvests remains a major priority for the state. While the unemployment rate in areas dependent upon natural resources extraction has dropped during the past biennium, it still remains more than two points above the state average. The state needs to continue its efforts to assist dislocated workers in the transition to new employment and help impacted communities rebuild their economic capacity. For these reasons, the Governor is proposing legislation that would reauthorize the Rural Community Assistance Team, and the various programs designed to assist dislocated workers and communities.
Background
The state's response has been a comprehensive multi-agency effort that includes basic support and retraining for workers and economic assistance for communities. Federal assistance, patterned after the state approach, came in the Economic Adjustment Initiative of the Forest Plan in 1993. The state programs were extended to address the salmon crisis in 1995 legislation. The Rural Community Assistance Team coordinates this seamless program delivery effort.
While the state and federal effort to deal with the timber crisis has shown positive results, major problems remain. An accelerated harvest of privately held timber has kept a reduced number of mills operating the past few years, but supply and economic problems have brought a recent round of shutdowns. Numerous mills with up to 400 employees each have either closed, made major workforce reductions, or are at risk in small rural communities dependent upon their payroll
The critical status of wild salmon stocks in the Northwest and proposed recovery efforts have the potential of creating even more severe problems for rural communities than the timber crisis. The imminent Endangered Species Act listings of salmon species will bring major economic impacts not only for the Coastal and Puget Sound fisheries, but other water-dependent industries in the Columbia River drainage.
Proposed Legislation
The legislation also would broaden the definition of impacted salmon workers to assure that fishers are eligible for assistance through programs from which they may be currently excluded.
In addition, the definition of "Rural Impact Areas" would be modified to more closely target program resources to individuals and communities with the greatest need. Seventeen nonmetropolitan counties and rural areas in three metropolitan counties would qualify under the proposed definition.
Fiscal Impact
The Governor's proposal calls for funding the Rural Community Assistance Team at $600,000 for the 1997-99 Biennium - the same level as for the current biennium. Half of the amount would come from the Employment Security Administrative Contingency Fund and half from General Fund.
The Timber/Salmon Retraining Benefits reauthorization is estimated to impact the Unemployment Insurance Trust Fund by approximately $60 million for the next biennium. This program, which provides income support to dislocated workers while they are in retraining, does not impact the state General-Fund.
Other programs would be funded at the current budget level.
Staff Contact
Dean Judd, Office of the Governor, (360) 586-4046.
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T HE COST OF HIGHER EDUCATION for students and families has been steadily increasing over the last two decades, threatening the ability of lower and middle income families to pay for a college degree. As the student population continues to grow rapidly, academic loans and limited financial aid resources are not sufficient to support an equitable educational opportunity for middle income families and individuals. Consistent with similar programs in other states, the Governor is proposing legislation to initiate a prepaid college tuition program to help these families meet their higher education financial needs.
Background
Recent congressional actions have confirmed that qualified state tuition plans are exempt from federal taxation. This development along with an increasing awareness of the successful programs in Florida, Ohio, and Alabama have rekindled interest in state prepaid tuition programs.
In 1996, the Washington State Legislature passed legislation requiring the Higher Education Coordinating Board (HECB) to recommend a program design and draft a prepaid tuition proposal for the Legislature to consider in the 1997 session. The Legislature appropriated $140,000 for these activities.
Proposed Legislation
Beneficiaries may also elect to use the program as an educational savings plan, to help pay tuition and fees at private colleges, private vocational schools, and out-of-state schools. Purchasers may receive refunds under a series of specific conditions.
A trust account would be established for the deposit of all money received for the purchase of tuition credit hours and for the deposit of investment proceeds. Tuition payments to institutions are made from the trust account. The trust account is managed by the State Treasurer's Office. The investment policy for the account is established by the State Investment Board.
There would be an annual actuarial review of the program. If it is determined to be actuarially unsound and unable to keep pace with tuition growth, the program would be terminated. Once termination has been declared, the state honors its commitments for tuition to students for the next ten years or refunds the money to the purchaser.
This program helps middle income families by providing a state guaranteed mechanism to both save for and invest in future higher education tuition expense at the current cost.
Fiscal Impact
$1 million loan from General Fund for start up costs.
Staff Contact
Stephen Smith, Office of the Governor, (360) 586-4158.
Mike Bigelow, Office of Financial Management, (360) 753-4702.
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D URING THE PAST DECADE, population growth together with a generally strong economy have worked to push up the value of family homes, especially in the Puget Sound region. Although the increase in home values has raised the net worth of many homeowners, many have found that their annual income has not kept pace with the rapid growth in their property tax liabilities. The Governor is proposing legislation to help homeowners with modest incomes to cope with rapidly growing property tax bills by allowing them to defer a portion of their property taxes.
Background
The Governor's proposal would especially benefit homeowners whose property taxes are rising faster than their incomes, or whose financial situation makes it difficult to meet all their financial obligations. It would help people avoid being "taxed out of their homes," but still meet their property tax obligations by deferring payment of the taxes, plus interest, until they sell their homes or die. Others may choose the deferral as a means to tap the increasing value of their homes - for many people, their largest asset - to meet current obligations, rather than further stretch already tight family budgets.
Recent research by the Department of Revenue indicates that about 50 percent of all homeowners in the state have incomes of $50,000 or less. The department estimates that about 11.1 percent of Washington homeowners eligible for the deferral would participate in the program. That represents about 21,000 Washington homeowners. This legislation would not replace existing senior citizen property tax deferral and exemption programs.
Proposed Legislation
Fiscal Impact
The deferral program would become effective for property taxes levied in 1997 and due for payment in 1998. Assuming a participation rate of 11.1 percent of eligible homeowners in the first year, $20.2 million in property taxes would be deferred in Fiscal Year 1998 and $20.7 million in Fiscal Year 1999 for a total of $40.9 million in deferrals for the 1997-99 Biennium. Direct General Fund-State revenue losses from the deferral are $10.8 million from the state property tax levy in Fiscal Year 1998 and another $10.9 million from the state property tax levy in Fiscal Year 1999. Another $19.2 million in General Fund-State revenues would be expended by the Department of Revenue to the counties to offset the losses to local regular and special levies caused by the deferral. Eventually all the deferred taxes will be paid back to the state, with interest, although no repayments are expected in the 1997-99 Biennium. Administrative costs for the program are estimated to be $3.9 million during the 1997-99 Biennium, of which $1.6 million are one time only costs.
Staff Contact
Len McComb, Department of Revenue, (360)753-5574.
Jim Schmidt, Office of Financial Management, (360)753-0258.
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C IGARETTE SMOKING IS THE MOST DEADLY - and preventable - cause of disease and premature death. Tobacco use kills 430,000 Americans each year through heart disease, stroke, cancer, lung disease, and other diseases. Despite stronger laws and clear evidence of the dangers of smoking, experimentation with cigarette smoking by children and adolescents is on the rise in this state. In response to these statistics and overwhelming evidence of the deadly effects of smoking, the Governor is proposing legislation to strengthen the state's laws governing youth access to tobacco.
Background
Studies also show that youth who do smoke underestimate the chances that they will become addicted. Although only five percent of daily smokers surveyed in high school said they would still definitely be smoking in five years, nearly 75 percent continued smoking seven to nine years later. People do, however, give up smoking. As of 1992, about 3,500 Americans successfully stopped smoking every day. These people, combined with the 1,178 people who die each day as a result of smoking create a problem for sellers of tobacco. They need to recruit nearly 5,000 new smokers every day to maintain sales levels. Nearly all new smokers are children and adolescents.
Young people and some merchandisers have found ways to circumvent current state laws governing youth access to tobacco products. Mail order sales and self-service tobacco displays provide easier access to tobacco for young people. Free samples distributed by tobacco companies also create opportunities for youth to obtain cigarettes. While samplers must obtain a license from the Liquor Control Board (LCB), sampling events have been conducted without notifying the Board, making enforcement and monitoring difficult.
Another area of easy youth access to tobacco is the sale of single cigarettes or "kiddy" packs. At 25 cents per cigarette, the sale of single cigarettes makes them affordable to youth. Current law requires sales in original, unopened packages, but several manufacturers have tried to by-pass the intent of the law by packaging single cigarettes in plastic tubes. The U.S. Food and Drug Administration recommends that cigarettes be sold in packages of no less than 20 to discourage youth purchases.
In addition, there are problems connected with enforcement of youth access laws. The LCB reports that flexibility in imposing penalties will enhance effective enforcement. Enforcement officers are experiencing increasing resistance in situations where they must take action. The LCB has, therefore, recommended that it should be a misdemeanor to resist an enforcement officer. Enforcement officers have also encountered problems preventing sales of tobacco products without a license, which is currently not required for retailers who sell smokeless tobacco but not cigarettes. When a retailer is penalized, manufacturers sometimes pay the fine, undermining deterrence from future offenses.
Proposed Legislation
Staff Contact
Fred Hellberg, Office of the Governor, (360) 586-1649.
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T OBACCO SMOKE RELEASED in enclosed spaces is both dirty and dangerous. In the United States deaths attributed to passive smoke ranked third among all causes of death. Efforts to prohibit smoking indoors have had only partial success, leaving thousands of workers and much of the general public unwillingly exposed to the threat of environmental tobacco smoke. To reduce the health risks to non-smokers, the Governor proposes to offer a referendum to the people of the state that would expand the application of Washington's Clean Indoor Air Act in order to prohibit smoking in all enclosed worksites and public places, including bars and restaurants, with very narrow exceptions.
Background
Evidence of the health threat posed by passive smoke shows that there is a 30 percent increase in the risk of heart disease among non-smokers who are married to smokers. For every eight deaths caused by active smoking, one non-smoker dies from indirect exposure to tobacco smoke.
Washington's Clean Indoor Air Act was passed by the Legislature in 1985. While the act prohibits smoking in public places, its many exceptions still permit much of the general public to be unwillingly exposed to smoke. The act also allows the designation of smoking areas in restaurants and other enclosed areas that do not seal dangerous smoke away from the public.
In 1994, in order to protect the health of workers, the Department of Labor and Industries began enforcing by rule, an indoor smoking ban for offices. This ban is applicable only to indoor office work environments. Other work areas are not included, even if they are enclosed.
While these two governmental actions have had the effect of reducing involuntary exposure to tobacco smoke, exposure is still permitted in such places as open areas in airports, restaurants, bars, bowling alleys, and non-office work environments. Workers who must enter smoke-polluted spaces to earn their livelihood are especially vulnerable to the threat of environmental tobacco smoke.
Proposed Legislation
Designated smoking rooms must be in non-work areas that are vented directly to the outdoors. If such rooms are designated for smokers, smoke free breakrooms must be provided for non-smoking employees.
Violations of the chapter would be subject to penalty as Class Two civil infractions and each day of violation constitutes a separate infraction. The act would be enforced by the Department of Labor and Industries, the Liquor Control Board, and local health and law enforcement agencies wherever these agencies exercise jurisdiction. The agencies are empowered to adopt rules to enforce the chapter, and are required to coordinate both rules and enforcement efforts.
Any local ordinances that restrict smoking in ways that are less strict than the act would be superseded by state law, but stricter local ordinances would be permitted.
The Secretary of State is directed to submit this proposal to the people as a referendum.
Staff Contact
Bill Daley, Office of the Governor, (360) 586-0829.
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T HE INDETERMINATE SENTENCE REVIEW BOARD (ISRB) controls and manages the population of offenders who are serving sentences under the old, indeterminate sentencing laws in effect prior to July 1984. The ISRB, also commonly referred to as the "parole board," is scheduled to sunset on June 30, 1998. Current law requires that the Governor recommend to the 1997 Legislature whether to continue the Board, or transfer its functions to the courts or to another executive agency. Governor Lowry recommends the reauthorization of the Board for a ten-year period.
Background
The ISRB's second main function relates to the offenders on parole. When a parolee violates a parole condition, the ISRB decides what sanctions to impose. These can include parole revocation and return to prison.
There are approximately 1250 offenders under the ISRB's sole jurisdiction: 850 are in prison and 400 are on parole in the community. Of the 850 inmates, one-third are serving sentences for homicide offenses, one-third for sex offenses, and the remaining one-third for violent crimes.
The last comprehensive inquiry into the feasibility of transferring the ISRB's functions elsewhere occurred in 1989. A legislatively created committee developed alternative means of managing the ISRB's offender population. The options reviewed were: transferring the ISRB's functions to the superior courts, transferring them to another executive agency, and giving the offenders a definite release date. Based on the committee's report, the Legislature did not opt for any of these alternatives. Instead, the Legislature extended the ISRB's sunset date until 1998 and requested that the Governor make recommendations on this issue to the 1997 legislature.
This summer, a workgroup was convened to revisit the issue. Workgroup participants included representatives of the ISRB, the Office of Financial Management, the Department of Corrections, the Office of the Administrator for the Courts, the associations of Superior Court Judges, prosecuting attorneys and defense attorneys, and victim advocates.
In its evaluation of different options the workgroup considered such issues as public safety, inmates' liberty interests, legal constraints, and process considerations. The group examined the possibilities of transferring the ISRB's duties and responsibilities to the courts or to another executive agency. The workgroup, with the exception of the defense attorneys, concluded that the best option is to continue the board. No other alternative satisfies public safety concerns and legal constraints.
In addition to three full-time board members, the ISRB is staffed by an executive secretary and seven other employees. Workload projections indicate that by FY 1999, the ISRB can be phased down by changing two board member positions to part-time and eliminating one hearing officer position. The ISRB's offender population is expected to decline steadily over the next decade, reaching half of its current level by FY 2005.
Proposed Legislation
Fiscal Impact
The ISRB's operating budget will be $2,158,000 General Fund-State for the FY 1997-99 Biennium, a decrease from its $2,339,000 budget for the current biennium.
Staff Contact
Lorraine Lee, Office of the Governor, (360) 753-1022.
Kit Bail, Chair, ISRB, (360) 493-9271.
Dennis Marsh, Executive Secretary, ISRB, (360) 493-9266.
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T HE STATE'S PRISON POPULATION has doubled over the past eight years, increasing from 6,053 inmates in 1988 to the present population of 12,127. This 100 percent increase far exceeds the 19.3 percent growth in the state's general population over the same period. The inmate population is expected to increase to 17,000 over the next decade. In response to this dramatic growth in the prison population, Governor Lowry proposes to expand the use of sentencing options for nonviolent, drug offenders.
Background
No other functional area of government has grown as quickly as corrections. Between the 1989-91 and 1995-97 Biennium, the Department of Corrections' (DOC) percentage of the General Fund-State (GF-S) budget increased from 3.3 percent to 4.2 percent. DOC's operating budget in the current biennium is $759 million GF-S. With current caseload projections, it is estimated that the DOC budget will grow an average of $136 million per biennium, with operating expenditures in excess of $1.3 billion by the 2003-05 Biennium.
Under current sentencing policies and assuming existing trends, DOC will need an additional 3,852 beds by fiscal year (FY) 2002. The inmate population is expected to increase to 17,000 over the next decade, a 39 percent increase. In comparison, the state's general population is expected to increase by 15.6 percent.
Corrections costs are expected to increase further as the inmate population growth continues to climb and changing inmate demographics increase the demand for services. Drug offenders make up a larger portion of the population. In FY 1987, drug offenders accounted for 4 percent of the population (295 inmates). By FY 1996, they made up 25 percent (3,028 inmates).
Proposed Legislation
These proposed changes promote the purposes of the 1984 Sentencing Reform Act to make frugal use of the state's resources, to offer the offender an opportunity for self-improvement, and to ensure that the punishment is proportionate to the seriousness of the offense.
Specifically, the proposed legislation would:
Offender | Quantity | Seriousness Ranking | Sentencing Range | |
Drug Wholesaler | 10 grams or more | Level IX | 31 to 41 months | |
Drug Dealer | more than 3 and less than 10 grams | Level VIII | 21 to 27 months | |
Drug Facilitator | up to 3 grams | Level VI | 12+ to 14 months |
Fiscal Impact
The proposed legislation results in a savings of $641,000 General Fund-State in the FY 1998-99 biennium, and $8.8 million General Fund-State in the ensuing biennium.
Staff Contact
Lorraine Lee, Office of the Governor, (360) 753-1022.
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I N RECENT YEARS, school districts around the state have found it increasingly difficult to obtain the required voter approval to pass their local levies. Because a super-majority, 60 percent YES vote, is required, many districts have been denied this important funding even though ballots have shown that more than half the voters approve. This bill would amend the State Constitution to allow a simple majority, 50 percent voter approval for school levies, significantly increasing the potential for schools to receive necessary funding for quality education.
Background
For school districts to receive approval to issue bonds for capital purposes, the same super-majority requirement applies, and voter turnout equal to 40 percent of the voter turnout at the previous general election is required.
Analysis of recent levy failures demonstrate the need for this change in the State Constitution. In the February 1996 school levy elections, 38 of 207 school districts' M&O levies failed. Thirty-six of the 38 levies that failed received YES votes of greater than 50 percent. Most of these school districts were able to pass their levies in a subsequent levy election a few months later. At year-end, seven districts had attempted, but failed to pass their M&O levies for 1997.
Of the 19 school districts that proposed bond issues to voters in February 1996, nine of these bond measures failed. Five of the nine received YES votes greater than 50 percent. Similarly, of the 14 school districts submitting capital project levies to voters in the same election, eight passed and six failed. Five of the six capital levies that failed received YES votes greater than 50 percent.
Proposed Legislation
Fiscal Impact
If this proposed constitutional amendment is approved, most of the fiscal impact would occur at the local level. However, there could be secondary state budget impacts. With more successful capital bond levies, demand for state matching funds for school construction would also be likely to increase. As more eligible school districts succeed in passing M&O levies, state levy equalization payments would also increase. Based on the outcomes of the February 1996 elections, the estimated state fiscal impact is about $1.3 million per year beginning in calendar year 1999. Of this amount, $737,000 falls in the 1997-99 Biennium.
Staff Contact
Mike Bigelow, Office of Financial Management, (360) 753-4702.
Stephen Smith, Office of the Governor, (360) 586-4158.
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T ECHNOLOGICAL CHANGE has made many public records a valuable commodity. Government records in electronic format are increasingly in demand for a wide range of commercial purposes, and some of the most valuable records include personal information about citizens. Commercial use of personal information contained in electronic public records raises new concerns about citizens' privacy as technology makes it possible to combine and search records cheaply and easily. Based on recommendations of a joint executive-legislative work group, the Governor is proposing legislation that would prohibit certain invasive commercial uses, provide additional protection against inappropriate commercial use of electronic records, and allow agencies to recover a reasonable share of the cost of providing enhanced access to these records.
Background
The Governor's Work Group on Commercial Access to Government Electronic Records addressed three questions:
The Work Group reviewed state laws, surveyed state and local agencies, consulted with experts in the field, and heard from private citizens as well as representatives of 28 business interests. Its findings were as follows:
Proposed Legislation
Staff Contact
Steve Kolodney, Department of Information Services, (360) 902-3500.
Fred Hellberg, Office of the Governor, (360) 586-1649.
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S TATE GOVERNMENT EXPERIENCED a significant increase in the number of boards and commissions in the early 1990s. Since 1994, however, both the Governor and the Legislature recognized the value of periodically reviewing these groups to determine if some of them could be consolidated or eliminated to reduce duplication, achieve greater operational efficiency, and control their proliferation. As he did in 1994 and 1995, the Governor again proposes legislation to eliminate obsolete or inactive boards and consolidate boards with like functions.
Background
Much of this reduction was due to executive and legislative action to eliminate boards, and to a more cautious approach to creating new ones. In 1994 and 1995, Governor's request bills eliminated or merged 96 boards and commissions, with combined biennial savings of more than $1 million. In the 1994 boards and commissions law, the Governor was directed to submit legislation in January of every odd-numbered year that eliminated or merged boards. This 1997 legislation is in response to that requirement.
To develop the legislation, the Governor asked state agencies to review their boards in accordance with the statutory criteria in RCW 43.41.220, and requested recommendations for abolishing and merging boards. In addition, OFM's 1995 statutory survey of boards and commissions was reviewed. Based on these efforts, 16 boards were identified for elimination and consolidation in 1997.
Proposed Legislation
Fiscal Impact
The total 1997-99 biennial savings resulting from this legislation is $314,440.
Staff Contact
Fred Hellberg, Office of the Governor, (360) 586-1649.
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